The International Fire Code with Appendices B, C, and Sections D105.1 and D105.3, D106 and D107 of Appendix D therein, 2015 Edition, published by the International Code Council, as modified and adopted pursuant to Chapter 51-54 Washington Administrative Code (WAC), of which one or more copies of each are filed in the office of the code administration manager of the city of Yakima, and are adopted and incorporated as fully as if set out in full herein, as the fire prevention code of the city, except as hereinafter amended, and the provisions and regulations thereof are hereby adopted as the provisions and regulations of the city, and the several sections of numbers therein shall constitute, and may be referred to as, the numbers of this chapter.

(a) In addition to the above, Section D105.2 of Appendix D of the International Fire Code, 2015 Edition, is adopted as amended below:

D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925 mm), exclusive of shoulders, in the immediate vicinity of the building or portion of building more than 30 feet (9144 mm) in height.

A. General. Fees as set forth in Table 10.05.015A shall be paid to the city for review of building plans for compliance with Chapter 10.05 YMC and for inspection of construction for compliance with Chapter 10.05 YMC. Existing buildings, and special events licensed pursuant to Chapter 9.70 YMC, and other events requiring fire and life safety inspection, will be subject to an annual fire and life safety inspection, and fees for such inspections shall be paid as set forth in Table 10.05.015B.

B. Fees Required for Plan Review. For construction projects for which the fire code requires submittal documents, the hourly plan review fee indicated in Table 10.05.015A shall be charged for the time to perform the plan review. The plan review fees required by this section are separate from the inspection fees required by this section, and are in addition to any inspection fees. When submittal documents are incomplete or are changed so as to require additional plan review, additional plan review fees shall be charged at the rate shown in Table 10.05.015A.

C. Fees Required for Construction Inspection. For construction projects for which the fire code requires inspection, the hourly inspection fee set forth in Table 10.05.015A shall be charged for the time to perform the inspection. The inspection fees required by this section are separate from the plan review fees required by this section, and are in addition to any plan review fees.

D. Fees Required for Annual Fire and Life Safety Inspection. For existing buildings, and for special events for which the fire code or other applicable city codes require inspection, the inspection fee set forth in Table 10.05.015B shall be charged based on the area to be inspected or for the time to perform the inspection, as applicable. The fees required by this section are separate from the plan review fee and construction inspection fee set forth in subsections B and C of this section, and are in addition to such fees.

E. Fees Required for Re-inspections. For construction inspections, a fee shall be charged for re-inspection for each inspection that must be made: (1) because work for which inspection is called by the permittee is not complete and ready for inspection; (2) when the inspection record card is not posted or otherwise available on the work site; (3) when the approved plans are not readily available to the inspector; (4) for failure to provide access on the date for which inspection is requested; or (5) when corrections required by an inspector are not satisfactorily made when the permittee calls for a follow-up inspection for corrections. No re-inspection fee shall be incurred for verification of corrections when such corrections are satisfactorily made. To obtain a construction re-inspection, the permittee must pay the re-inspection fee stated in Table 10.05.015A in advance.

Re-inspection fees for compliance with the annual fire and life safety inspections are assessed in accordance with the fee rates set forth in Table 10.05.015B below.

Table 10.05.015A

Plan Review and Construction Inspection Fees

1.

Plan review for compliance with Chapter 10.05 YMC and for changes, additions or revisions to approved plans (minimum charge—one hour)

$47.00 per hr.

2.

Normal inspection (minimum charge—one hour)

$47.00 per hr.

3.

Re-inspection (minimum charge—one hour)

$47.00 per hr.

4.

Inspections for which no other fee is specifically indicated (minimum charge—one hour)

$47.00 per hr.

Table 10.05.015B

Annual Fire and Life Safety Inspection Fee Schedule

E, I, F, H, M, S Occupancy

Area in Square Feet

Fee1 2

0—5,000

$75.00

5,001—10,000

$100.00

10,001 and Over

$125.00

A, B, R Occupancy

Area in Square Feet

Fee1 2

0—5,000

$50.00

5,001—10,000

$75.00

10,001 and Over

$100.00

1. For vacant occupancies, deduct twenty-five dollars from the fee schedule. Vacant occupancies shall contain no storage and be unoccupied at time of inspection to qualify for the reduction.

2. The hourly rate of fifty dollars per hour, charged in thirty-minute increments, will be applied if the fee schedule amounts do not cover the time spent inspecting at the hourly rate, up to a maximum charge of two hundred dollars.

A. Section 103 of the International Fire Code, 2015 Edition, is amended to read as follows:

SECTION 103

RESPONSIBILITY FOR ENFORCEMENT

103.1 General. The following officers are designated as fire code officials, as that term is applied throughout this code, with the duties described herein.

103.2Administration and Enforcement—Code Administration Manager. Subject to the availability of sufficient budgeted funds and/or personnel, the Director of Community Development shall be responsible for the administration and enforcement of this code. Under his direction the Division of Code Administration shall enforce all ordinances of the jurisdiction pertaining to:

1. The prevention of fires.

2. The storage, use and handling of hazardous materials.

3. The installation and maintenance of automatic, manual, and other private fire alarm systems and fire-extinguishing equipment.

4. The maintenance and regulation of fire escapes.

5. The maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures, and other property including those under construction.

6. The maintenance of exits.

7. Adoption and enforcement of this code shall not be construed for the particular benefit of any individual person or group of persons, other than the general public. In the event of a conflict between the intent of this section and any other section herein, this section shall govern insofar as applicable.

103.3Administration and Enforcement—Fire Chief. The Chief of the Fire Department shall be responsible for the administration and enforcement of all ordinances of the jurisdiction pertaining to:

1. The suppression or extinguishing of dangerous or hazardous fires.

2. The investigation of the cause, origin and circumstances of fires and unauthorized releases of hazardous materials.

3. Annual inspections of existing buildings after which a Certificate of Occupancy has been issued.

B. Section 104, “General,” of the International Fire Code, 2015 Edition, is amended to add Section 104.1.1, “Rules and Regulations,” to read as follows:

104.1.1Rules and Regulations. The Director of Community Development, or person designated by the Director, is authorized to make and enforce such rules and regulations for the prevention and control of fires and fire hazards as may be necessary from time to time to carry out the intent of this code. Three certified copies of such rules and regulations shall be filed with the Yakima City Clerk and shall be in effect immediately thereafter and additional copies shall be kept in the Office of Code Administration for distribution to the public.

C. Section 104, “General,” of the International Fire Code, 2015 Edition, is hereby amended to add Section 104.1.2, “Authority of Fire Code Officials to Exercise Powers of Police Officers,” to read as follows:

104.1.2.Authority of Fire Code Officials to Exercise Powers of Police Officers. The Chief of the Fire Department and Director of Community Development, together with their respective authorized representatives, shall have the powers of a police officer in performing their respective duties under this code.

D. Section 104, “General,” of the International Fire Code, 2015 Edition, is hereby amended to add Section 104.1.3, “Authority and Duty of Police Personnel to Assist in Enforcing this Code,” to read as follows:

104.1.3.Authority and Duty of Police Personnel to Assist in Enforcing this Code. Whenever requested to do so by the Chief of the Fire Department or the Director of Community Development or one of their authorized representatives, the Chief of Police shall assign such available police officers as in his discretion may be necessary to assist the Fire Depart-

ment or Office of Code Administration in enforcing the provisions of this Code.

E. Section 106.1, “Inspection authority,” of the International Fire Code, 2015 Edition, is hereby amended to read as follows:

106.1Inspection authority. The fire code official is authorized to enter and examine any building, structure, marine vessel, vehicle or premises in accordance with Section 104.3 for the purpose of enforcing this code. Subject to the availability of sufficient budgeted funds and/or personnel, the Code Administration Manager or his authorized representatives may inspect, as often as may be practicable, all buildings and premises, including such other hazards or appliances, as the Code Administration Manager or his authorized representatives may designate for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread, or any violation of the purpose or provisions of this Code and of any other law or standard affecting fire safety.

F. Section 110.1.1, “Unsafe conditions,” of the International Fire Code, 2015 Edition, is hereby amended to read as follows:

110.1.1Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe or deficient because of inadequate means of egress or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. A vacant structure which is not secured against unauthorized entry as required by Section 311 shall be deemed unsafe. All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, or abandonment, as specified in this Code or any other effective ordinance, are, for the purpose of this Section, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in Chapters 4 through 9 of the Uniform Code for the Abatement of Dangerous Buildings or by any other procedures provided by law.

G. Section 104.10, “Fire investigations,” of the International Fire Code, 2015 Edition, is hereby amended to read as follows:

104.10Fire investigations. The Fire Chief, the fire department or other responsible authority shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition. Information that could be related to trade secrets or processes shall be subject to the procedures and provisions of the Public Records Act, Chapter 42.56 RCW. The Fire Department shall investigate promptly the cause, origin and circumstances of each and every fire occurring in the municipality involving loss of life or injury to person or destruction or damage to property, and if it appears to the Chief of the Fire Department or his authorized representatives making the investigation that such fire is of suspicious origin, he shall then take immediate charge of all physical evidence relating to the cause of the fire and shall pursue the investigation to its conclusion. The Chief of the Fire Department or his authorized representatives shall make a report in writing of all facts and findings relative to each investigation. The Police Department shall assist the Fire Department in its investigations whenever requested to do so, unless otherwise directed by the Chief of Police.

H. Section 104.3, “Right of entry,” of the International Fire Code, 2015 Edition, is hereby amended to read as follows:

104.3Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or any rules and regulations adopted hereunder, or whenever the Code Administration Manager or any of his authorized representatives has reasonable cause to believe that there exists in any building or upon any premises any condition in violation of this code which makes such building or premises unsafe, the Code Administration Manager or any of his authorized representatives may enter such building or premises at all reasonable times to inspect; provided, that if such building or premises be occupied he shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Code Administration Manager or any of his authorized representatives shall have recourse to every remedy provided by law to secure entry.

“Authorized representative” shall include the officers named in Section 104.1.2 and 104.1.3 of this code.

If the owner or occupant denies entry, the chief or his authorized representative shall obtain a proper inspection warrant or other remedy provided by law to secure entry. No owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the chief or his authorized representative for the purpose of inspection and examination pursuant to this code.

I. Section 109.3, “Violation penalties,” of the International Fire Code, 2015 Edition, is hereby amended to read as follows:

109.3Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than One Thousand Dollars ($1,000) or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

J. Section 108, “Board of Appeals,” of the International Fire Code, 2015 Edition, is hereby amended to read as follows:

Board of appeals. In order to determine the suitability of alternate materials and type of construction and to provide for reasonable interpretations of the provisions of this Code, there shall be and hereby is created a Board of Appeals, consisting of five members who are qualified by experience and training to pass upon matters pertaining to hazards of fire, explosions, hazardous conditions or fire suppression systems and other pertinent matters, and not employees of the City. The Code Administration Manager shall be an ex officio member and shall act as Secretary of the Board. The Board of Appeals as outlined in Yakima Municipal Code section 11.04.113, shall be the Board of Appeals for this Chapter.

K. Section 105.2, “Application,” of the International Fire Code, 2015 Edition, is hereby amended to read as follows:

105.2Application. All applications for a permit required by this Code shall be made to the Office of Code Administration, the applicable fire code official, in such form and detail as prescribed by the Code Administration Manager. Applications for permits shall be accompanied by such plans as required by the Code Administration Manager.

The director of community development, code administration manager, or his or her authorized representative is authorized and empowered to issue permits, certificates of approval and certificates of fitness required by this code.

A permit fee of ten dollars shall be charged to each person, firm or corporation engaged in the business of maintaining fire extinguishers or fumigation.

It is unlawful for any person to repair or fill any portable or other type extinguisher, or to fumigate commercially, unless such person has obtained from the chief of code administration a certificate of fitness to do so. Each applicant applying for a certificate of fitness to repair or fill portable fire extinguishers or for fumigation shall be at least eighteen years of age; able to speak, read and write the English language understandably; shall be reliable and have good judgment; and shall be familiar with the necessary work and the materials used in repairing and filling portable fire extinguishers. Whenever the chief of code administration shall find that a person holding a certificate of fitness is careless, negligent or unfitted for the work for which it is issued, the chief of code administration is authorized to revoke or suspend the certificate.

Any fees required by local or state law in the enforcement of this code shall be paid to the treasurer of the city.

Every building in the city used as a school, hospital, nursing home, rest home, nursery, sanitarium, orphanage, old people’s home, children’s home, hotel, or apartment house of more than one story with four or more families doing their own cooking and living independently of each other in the building shall have a manually operated fire alarm system capable of being heard distinctly throughout the building. The alarm system shall be operated from alternating current, electrically, and shall be provided with a manually operated switch and gong so that they are accessible within one hundred feet of any given point on any floor level.

Every alarm system shall be installed in compliance with the electrical code of the city of Yakima, and the state of Washington.

The person in charge of any building where a fire alarm system is required shall test the system at least once every two weeks to ascertain whether or not the system is in working order, and shall immediately correct any defect that might be found.

It shall be the duty of any employee in a building to see that the fire alarm system is operated immediately after the discovery of fire in the building.

The owner or person in charge of any building in the city that is equipped or may hereafter be equipped with wet or dry standpipes with inlet or outlet connections with national standard thread shall cause such connection and fittings to be kept in proper working order, and ready for immediate use in case of fire. Caps with approved lugs shall be installed on all valves and fittings. All hose connected with any dry or wet standpipes shall be kept ready for immediate use. All hoses shall be tested at least once each year, and satisfactory evidence presented to the code administration manager showing fitness for use. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2354 § 8, 1979: Ord. 1027 § 6, 1968).

10.05.070 Establishment of limits in which storage of explosives and blasting agents is to be prohibited.

There is added to Section 3406 of the International Fire Code, 2015 Edition, the following subsections:

3406.1.2.Routes—Duty of City Engineer—Deviation.

(a) Except as hereinafter provided, any tank vehicles for carriage of flammable liquids, whether loaded or unloaded, desiring to use the streets of the City of Yakima shall follow only the gasoline routes as designated on the gasoline route map on file in the office of the City Clerk. Such tank vehicles may deviate from said established gasoline routes only at the street intersection leading directly to the bulk plant or terminal or motor vehicle fuel dispensing station where such bulk plant or terminal or motor vehicle fuel dispensing station is not located on such routes and cannot be reached by traveling thereon. Provided, however that such tank vehicles may deviate from the established gasoline routes where necessary to do so for the purpose of being serviced or repaired at a service or repair garage when any such garage is not located on and cannot be reached by traveling on said routes. Such deviation shall be made only at the street intersection leading directly to any such approved garage.

(b) The City Engineer, with the consent and approval of the Code Administration Manager, is hereby directed to erect and maintain at all times proper signs within the City of Yakima directing the routes for tank vehicles for the carriage of flammable liquids. Such routes may be changed from time to time by the City Engineer, with the consent and approval of the Code Administration Manager, and such changes shall be effective when the same are noted upon the gasoline route map on file in the office of the City Clerk and when such routes are properly marked by signs to plainly indicate said changed routes.

(c) In the case of any emergency or necessity requiring a deviation from said gasoline routes now provided for herein or for stopping or parking upon said routes in violation of this title, the owner or operator of any such tank vehicle shall immediately notify, and request instructions from, the Code Administration Manager or any authorized assistant, and shall explicitly carry out any such instructions received.

(d) Delivery of flammable liquids on certain streets prohibited. No tank vehicle shall travel along Yakima Avenue or along the first northerly alley or along the first southerly alley immediately adjacent to and running parallel with the said Yakima Avenue between Naches Avenue and 6th Avenue for the purpose of making gasoline deliveries, except only insofar as it shall be necessary for said tank vehicles to proceed on Yakima Avenue or on said alleys from the nearest intersecting street thereto.

10.05.085 Establishment of clarification to the 2015 International Fire Code Chapter 34 related to the storage of tires.

Unless the provisions of Chapter 34 of the International Fire Code are met, all outdoor tire storage shall be such that tires are stored vertically on the tread side, and on approved, noncombustible, tire storage racks with a depth of not more than one tire diameter of the largest tire stored. Where such racks are utilized, the separation distance from lot lines and structures to tires, and from tire to tire in successive aisles created by said storage may be reduced to three feet where all tire storage is maintained at a maximum height of six feet as measured to the top of the tires. Where rack storage of tires is higher than six feet and maximum ten feet in height, all tire storage shall require a minimum of ten feet from property lines and structures, and shall be approved. Laced and barrel stacking of tires shall not be permitted. Any intermodal containers utilized for the storage of tires shall be approved. (Ord. 2016-011 § 1 (Exh. A) (part), 2016).

10.05.090 Establishment of limits in which bulk plant storage of liquefied petroleum gases is to be restricted.

10.05.095 Establishment of limits in which cooking under tents is allowed.

(1) A tent, for the purposes of this section, shall be defined as a structure, enclosure, canopy or shelter, with or without sidewalls or drops, constructed of fabric or pliable material supported by any manner except by air or the contents that it protects, and which meets the flame propagation performance treatment set forth in Section 3104.2 of the International Fire Code (test method 1 or 2 of NFPA 701), CPAI 84, or California Fire Marshal Seal.

(2) All tents with dimensions larger than ten feet by ten feet must conform to labeling and certification which shall be done in accordance with Sections 3104.3 and 3104.4 of the International Fire Code.

(3) Cooking under tents shall conform with each of the following requirements:

(a) Tents with cooking devices are not allowed to be open to the public;

(b) Cooking devices are not allowed to obstruct the exit access, exit or exit discharge;

(c) Cooking devices located under tents with sidewalls shall have cooking devices located a minimum of three feet from tent walls;

(d) Cooking surfaces shall have a minimum vertical clearance of forty-two inches to tent structure when the tent dimensions do not exceed ten feet by ten feet, and a minimum vertical clearance of forty-eight inches when the tent dimensions exceed ten feet by ten feet;

(e) All tents with cooking devices shall be separated from other tents and structures by a minimum of five feet;

(f) A minimum rated 2A-10BC fire extinguisher shall be located within each tent;

(g) If grease-laden vapors are produced, a six-liter class K extinguisher shall be located within the tent;

(h) All fire extinguishers shall have an up-to-date annual inspection tag provided by certified personnel; and

It is unlawful to place, store, or keep or permit to be placed, stored or kept, in any unfinished attic or other place directly under a roof or any unfinished basement or unfinished area under a building except a residence, any furniture, baggage or other combustible or flammable material. The term “unfinished” as used in this section shall apply to any space or area directly under a roof of any building or under the lowest story of a building, which, if used for storage of combustible materials, would be required by the building code to have all walls and ceilings complete as required for any intermediate area or space within the building. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 1027 § 11, 1968).

(1) All empty wood boxes, tote bins and pallets, when piled north, northwest or northeast or west of a frame building or frame platform, shall be not less than fifty feet therefrom and such piles shall not exceed twenty feet in width, fifty feet in length, twelve feet to the eaves, and eighteen feet to the gable thereof.

(2) All empty wood boxes, tote bins and pallets, when piled to the south, southwest, southeast or east of a frame building or frame platform, shall be not less than thirty feet therefrom and such piles shall not exceed twenty-five feet in width, fifty feet in length, fourteen feet to the eaves, and twenty feet to the gable thereof.

(3) All empty wood boxes, tote bins and pallets, when piled to the north, northwest or northeast or west of a brick, tile, stone or concrete building, shall be not less than thirty feet therefrom and such piles shall not exceed twenty-five feet in width, sixty feet in length, sixteen feet to the eaves, and twenty feet to the gable thereof.

(4) All empty wood boxes, tote bins and pallets, when piled to the south, southwest, southeast or east of a brick, tile, stone or concrete building, shall be not less than twenty feet therefrom and such piles shall not exceed thirty feet in width, sixty feet in length, sixteen feet to the eaves and twenty-four feet to the gable thereof.

(5) All empty tote bins or pallets may be piled flat on the top of the pile without a gable. The pile shall not exceed thirty-five feet in width, sixty feet in length, and twenty-five feet in height.

(6) The length, height and width of any specific box, tote bin or pallet pile may be increased upon written approval of the chief of code administration.

The owner, manager or person having control or management of a place of public assembly shall notify the code administration manager of the intent to use the occupancy except that a continuing program of meeting at same shall not require any further notice. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2354 § 12, 1979: Ord. 1027 § 13, 1968).

Any person who willfully and without cause tampers with, molests, injures or breaks any public or private fire alarm apparatus, emergency phone, radio, or other wire or signal, or any firefighting equipment, or who willfully and without having reasonable grounds for believing a fire exists, sends, gives, transmits, or sounds any false alarm of fire, by shouting in a public place or by means of any public or private fire alarm system or signal, or by telephone, is guilty of a misdemeanor. This provision shall not prohibit the testing of fire alarm systems by persons authorized to do so, by a fire department or state fire marshal official. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 1109 § 8, 1969: Ord. 1027 § 14, 1968).

A. Any person having under his control or in his possession upon any premises in the city any substances or debris which have been rendered useless or unmerchantable by reason of any fire on the premises must remove the same within forty-eight hours after notice to do so has been given by the chief of code administration to such person.

B. Whenever any building or other structure in the city is partially burned, the owner thereof, or the person in charge or control thereof, shall, within ten days after notice from the chief of code administration, remove all refuse, debris, and partially burned lumber from the premises; and if the building or structure is burned to such an extent that it cannot be repaired, as provided by this code or the building code, the owner of the property upon which it is located, or the occupant thereof, shall, within ten days after notice from the chief of code administration, remove all the remaining portion of the building or structure from the premises.

C. Notice is effective if hand delivered, or, in the alternative, if posted on the property and sent certified and regular mail to the owner of the property as listed in the Yakima County real property records.

D. In the event notice is provided and the property owner fails to take the steps necessary to remove refuse, debris, partially burned lumber or anything else outlined in the notice that must be removed pursuant to this section, the city shall take such steps as are necessary, including, but not limited to, hiring a third party, to take all actions outlined in the notice. All costs and fees associated with the city taking such action shall be paid by the property owner. If the costs and fees are not paid within thirty days of receipt of an invoice, the costs and fees shall become a lien on the property and the costs of filing and recording such lien shall be added to the total amount due and owing by the property owner.

E. Any notice may be appealed to the building code board of appeals, pursuant to the International Building Code, Section 113, as adopted by reference, and as amended, in the Yakima Municipal Code. During the period of appeal the property owner shall secure the building or structure to ensure that no one enters or can access the burned structure or building, at the property owner’s expense.

F. The city may allow a property owner to enter into a written consent and waiver form which waives any claims of damages, notice requirements or appeal rights, and consents to the city taking action to remove refuse, debris or partially burned lumber, or any other substances or debris needing to be removed under this section. Such consent shall also include a consent that a lien in the amount of the actual cost to remove such refuse, debris, partially burned lumber or any other substances, the costs of filing the lien, and any other costs consented to by the parties, shall be filed and recorded against the property if the city’s costs are not paid within thirty days of being invoiced. (Ord. 2017-004 § 1, 2017: Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2354 § 13, 1979: Ord. 1109 § 9, 1969).

(1) “OPTICOM” means a light-actuated city of Yakima traffic signal preemption system used to provide safe access for authorized emergency vehicles to and from emergency scenes.

(2) “Authorized emergency vehicle” has the same meaning as set forth in RCW 46.04.040.

B. Penalty. It is unlawful for any person to actuate, use, or in any way interfere with OPTICOM; provided, that all city of Yakima officials and employees when operating authorized emergency vehicles or who are testing or maintaining OPTICOM equipment may actuate or use OPTICOM; and provided further, that any person duly licensed under this section or his agent may actuate or use OPTICOM when operating an authorized emergency vehicle licensed in this chapter.

C. Licensing. The city manager may direct the city clerk to issue a nontransferable OPTICOM license for any single authorized emergency vehicle for an annual fee of ten dollars to the owner of any authorized emergency vehicle permitting such person or his agent to actuate and use OPTICOM. Such license shall expire one year from the date of issuance.

Any person applying for such license shall make application on a form provided by the city clerk prepared by the fire chief of the city of Yakima, which form shall provide sufficient information to ensure safe operation of OPTICOM.

Upon issuing a license the licensee shall give the city manager an acceptable prepaid policy of liability insurance listing the city of Yakima and its officials and employees as insured in an amount determined by the city manager to adequately cover foreseeable risks generated through licensee’s use of OPTICOM. An applicant owner shall also sign an indemnification hold harmless agreement in which he agrees to indemnify, defend and hold harmless the city of Yakima, its officials and employees from any and all liability resulting from a licensee or his agent’s actuation and use of OPTICOM.

No license shall be granted under this chapter unless the owner applicant’s OPTICOM actuation device is acceptable to the fire chief of the city of Yakima or his designee.

Any license issued under this chapter may be revoked by the city manager at any time for cause; provided, that before revocation the city manager shall give a licensee written notice of revocation, stating the causes therefor and the date after which said revocation shall take effect if no appeal is taken. The city manager or his designee shall hear all appeals. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2198 § 1, 1978).